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AT dismissed the appeal and authorized the liquidator of the insolvent company to seek leave from the Special Judge, PMLA under s.8(7), PMLA, 2002 to auction specified properties notwithstanding parallel insolvency proceedings under the IBC. The AT held that auction proceeds may be apportioned to satisfy secured creditors and that any surplus must be deposited as a fixed deposit receipt (FDR) with the ED pursuant to an undertaking. The deposited FDR, if any, will remain subject to adjudication and disposal by the Special Judge, PMLA after conclusion of the trial. Appeal disposed.
AT dismissed the appeal and authorized the liquidator of the insolvent company to seek leave from the Special Judge, PMLA under s.8(7), PMLA, 2002 to auction specified properties notwithstanding parallel insolvency proceedings under the IBC. The AT held that auction proceeds may be apportioned to satisfy secured creditors and that any surplus must be deposited as a fixed deposit receipt (FDR) with the ED pursuant to an undertaking. The deposited FDR, if any, will remain subject to adjudication and disposal by the Special Judge, PMLA after conclusion of the trial. Appeal disposed.
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